: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and OSF GLOBAL SERVICES, INC. (“OSF”) and governs the use of the software product herein identified, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be strictly bound by the terms of this EULA. Additionally, we may update and modify the EULA from time to time, and by continuing to use the SOFTWARE PRODUCT after posting of a modification, you accept the modification. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE
. This EULA grants you the following rights: Installation and Use (only).
2. RESERVATION OF RIGHTS AND OWNERSHIP
. OSF reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. OSF owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by OSF. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. The licensed users or licensed company can use all functions, examples, templates, clipart, libraries and symbols in the SOFTWARE PRODUCT to create new diagrams and distribute the diagrams.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
. You may not copy, modify, sell, transfer, create derivative works of, distribute or sublicense the Software. Additionally, you agree not to reverse engineer, decompile, translate, adapt or disassemble the Software or any part of the Licensor’s Software for any purpose whatsoever.
5. NO RENTAL/COMMERCIAL HOSTING
. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. LINKS TO THIRD PARTY ENTITIES OR PRODUCTS
. You may link to third party entities or products through the use of the Software. The third party entities or products are not under the control of OSF, and OSF is not responsible for the contents or functionality of any third party entities or products. OSF does not promise functionality or compatibility with any 3rd party products, unless explicitly mentioned in a product description. By using the SOFTWARE PRODUCT you indemnify OSF for any and all liability related to your use or misuse of the SOFTWARE PRODUCT, whether damages are a direct or an indirect consequence thereof.
7. SUPPORT, UPDATES AND UPGRADES
. This license does not include any support, updates and upgrades. If you would require updates, upgrades and support services you will be required to subscribe to support, updates and upgrades plan for the software. Support will include guidance regarding installation, configuration or use of software as well as fixes of software errors and bugs. Depending on the nature of the problem OSF at its own discretion may agree to provide additional assistance for a negotiated fee subject to a separate written agreement.
. Without prejudice to any other rights, OSF GLOBAL SERVICES may terminate this EULA if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts.
9. NO WARRANTIES
. OSF expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. Moreover, this disclaimer remains valid even if OSF is aware of the possibility of such defects and the potential for damages. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
. You agree to indemnify and hold OSF (and our subsidiaries, officers, directors, employees or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this EULA or your violation of any law or the rights of a third party.
11. EXCLUSION OF INCIDENTAL
, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
. IN NO EVENT SHALL OSF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA.